Subjective properties of the grounds for criminal liability for driving while intoxicated

We consider the signs of subjective side of a crime involving a traffic violation by a person subjected to administrative punishment (Article 264.1 of the Criminal Code of the Russian Federation). We emphasize that the state of intoxication should be distinguished from morbid psyche states, since they should be attributed to a different category of mental states of the person. We pay attention to the signs of the subjective side, we note that the considered corpus delicti is formulated as formal. Therefore, this act is committed intentionally and with direct intent. Driving while intoxicated is socially dangerous, since in this psycho-physiological state the driver largely loses the functional, physiological, psychological capabilities of transport control, which poses a real threat to safe road traffic – the danger of harm to health or death to individuals. We justify the need to exclude from Article 264.1 of the Criminal Code of the Russian Federation an indication of an administrative prejudice, since a person, while driving intoxicated, realizes and understands that he is violating traffic rules, that the vehicle is a source of increased danger, and, in addition, his concentration of attention decreases, etc.